Catching a Black Cat in a Dark Room: Evaluating the Shortcomings of Federal and State Anti-Spyware Legislation

Authors

Josh Sugnet

Abstract

This note analyzes state anti-spyware legislation and the latest federal anti-spyware bill, considering criticism raised and evaluating their potential to be effective in stopping spyware. The note concludes that these laws are best aimed at regulating the use of adware, the allegedly more legitimate commercial type of spyware, but do little to protect users from more malicious types of spyware authored by hackers and cyber-criminals. Also, the federal government must regulate the software industry to ensure that a competitive market for technological solutions to these security problems exists. Only by coupling law enforcement with effective industry regulation can the federal government successfully protect computer users from the dangers of spyware.

Recommended Citation

Josh Sugnet, Catching a Black Cat in a Dark Room: Evaluating the Shortcomings of Federal and State Anti-Spyware Legislation, 28 UC Law SF Comm. & Ent. L.J. 443 (2006).
Available at: https://repository.uclawsf.edu/hastings_comm_ent_law_journal/vol28/iss3/4